LAWS(HPH)-2019-7-218

PARMILA DEVI Vs. RAM TRANSPORT FINANCE COMPANY LIMITED.

Decided On July 02, 2019
PARMILA DEVI Appellant
V/S
Ram Transport Finance Company Limited. Respondents

JUDGEMENT

(1.) Having regard to the nature of the order proposed to be passed in the given facts and circumstances of the case, this Court sees no necessity to issue notice to the respondent.

(2.) By way of instant petition filed under Article 227 of the Constitution of India, prayer has been made on behalf of the petitioners for quashing and setting aside the award dated 27.3.2017, passed by learned Arbitrator in Arbitration claim No. SML/87 of 2015 as well as order dated 22.5.2019, passed by learned District Judge, Shimla, H.P., in execution petition, whereby order of warrant of attachment has been issued against the petitioners.

(3.) Having carefully perused the averments contained in the petition as well as documents annexed therewith, prima-facie this Court is of the view that present petition is not maintainable because admittedly being aggrieved, if any, of the arbitration award passed by the learned Arbitrator, petitioners ought to have filed appeal under Section 37 of the Arbitration and Conciliation Act, and as such, no interference of this Court is called for as far concerned.